LAXMAN PRASAD Vs. PRODIGY ELECTRONICS LTD

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal is directed against the judgment and order passed by the High Court of Delhi on April 26, 2006 in I.A. No. 9562 of 2005 in Civil Suit (OS) No. 819 of 2005. By the said order, the High Court dismissed an application filed by the appellant herein under Order VII, Rules 10 and 11 of the Code of Civil Procedure, 1908 (hereafter referred to as 'the Code').

(3.) Shortly stated the facts are that 'Prodigy Electronics Ltd.'-plaintiff (respondent No.1 herein) ('the Company' for short) was formed and incorporated under the laws of Hong Kong and is engaged in the business of trading electronic goods under the name and style 'Prodigy Electronics', Hong Kong. The main area of business of the Company is Printed Circuit Board (PCB). The business carried on by the Company involves keen understanding of the requirements of the customers in order that the products may be manufactured to the specific needs of the customers and they may be made available at competitive prices. The Company is, therefore, required to take care of the consumer- complaints, if any. It also involves a reach into the market identifying the potential consumers of the products which involves substantial investment of time, effort and finance. According to the Company, it has developed solid reputation in India under the trade name and trade mark 'Prodigy Electronics' in the field of electronics generally and PCBs particularly.